20070124Comments.pdf

WELDON B. STUTZMAN
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 3283
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Street Address for Express Mail:
472 W. WASHINGTON
BOISE, IDAHO 83702-5983
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
TEL CENTREX LLC FOR A CERTIFICATE OF
PUBLIC CONVENIENCE AND NECESSITY TO
PROVIDE LOCAL EXCHANGE SERVICES IN THE STATE OF IDAHO.
CASE NO. TCX-O6-
COMMENTS OF THE
COMMISSION STAFF
COMES NOW the Staff of the Idaho Public Utilities Commission, by and through its
Attorney of record, Weldon B. Stutzman, Deputy Attorney General, in response to Order No.
30218, the Notice of Application and Notice of Modified Procedure in Case No. TCX- T -06-
issued on January 4, 2007, and submits the following comments.
BACKGROUND
On December 21 2006, Telcentrex LLC filed an Application for a Certificate of Public
Convenience and Necessity (CPCN) to provide local exchange telecommunications services
within the State of Idaho. The Application states Telcentrex was formed and has its headquarters
in the State of Georgia and is authorized to do business as a foreign limited liability company in
the State of Idaho.
Telcentrex intends to provide resold and facilities-oased local exchange service utilizing
the UNE platform purchased from incumbent local exchange carriers. Telcentrex currently has no
STAFF COMMENTS JANUARY 24, 2007
plans to install facilities in Idaho but may do so in the future. It intends to provide resold local
exchange services and to purchase unbundled network elements from Qwest and Verizon. The
Company provided an illustrative tariff with its Application; it also avers that it will provide
service according to the laws, rules and regulations of the Commission. Telcentrex does not
intend to require advance payments or deposits from customers.
STAFF REVIEW
Staff reviewed Telcentrex s Application and believes that it complies with the
Commission s requirements. Staff reviews all requests for a CPCN certificate pursuant to Idaho
Code 99 61-526 through -528, IDAP A 31.01.01.111 and 112 (Rules 111 and 112), and Procedural
Order No. 26665. In order to be issued a CPCN, a telephone company must provide the
Commission with the following information: (1) name, address, and form of business; (2) the date
on which the applicant proposes to begin construction or anticipates that it will provide service
including a written description of customer classes and services proposed to be offered; (3) the
proposed service territory; (4) certain financial information; (5) maps regarding the proposed
service area; (6) a proposed initial tariff and price sheets; (7) contact information; (8)
interconnection agreements if any; (9) an agreement to comply with the Commission s Rules; and
(10) an escrow account with a bonded escrow agent if the company requires advanced deposits
from its customers. Order 26665.
Telcentrex s Application includes all of the required information. Staff believes that the
Company understands and agrees to comply with the Commission rules and requirements.
Specifically, the Company explicitly sets out IDAP A language as it pertains to interruption
allowances for service and facility failures. The Company also addresses the 911 call routing and
responsibility of the Company. Staff further believes that the Company possesses the requisite
financial, managerial, and technical qualifications necessary to operate as a provider of
telecommunications services. The Company has terms and conditions in place to facilitate intra
and inter LATA presubscription changes as well as local calling areas that are reflective of
Qwest's EAS routes.
Telcentrex states that it does not anticipate collecting deposits, and therefore requests a
waiver of that portion of Commission Order No. 26665 that requires an Escrow Account be
established.
STAFF COMMENTS JANUARY 24, 2007
RECOMMENDATION
Staffs review indicates that the Company s Application and price list meets the
requirements of the Commissions Rules and Order No. 26665. Staff therefore, recommends that
the Commission approve the CPCN Application and waive the escrow account requirement until
the Company begins to collect deposits.
Respectfully submitted this 2 if!-day of January 2007.
..--
Weldon B. tutzman
Deputy Attorney General
Technical Staff: Carolee Hall
i:umisc/comments/tcxtO6.1 wsch
STAFF COMMENTS JANUARY 24 2007
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 24TH DAY OF JANUARY 2007
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. TCX-06-, BY MAILING A COpy THEREOF, POSTAGE PREPAID
TO THE FOLLOWING:
LANCE JM STEINHART
LANCE JM STEINHART PC
SUITE 250
1720 WINDWARD CONCOURSE
ALPHARETTA GA 30005
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SECRET AR
CERTIFICATE OF SERVICE